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COMMONWEALTH PENNSYLVANIA v. LARRIS FRAZIER. COMMONWEALTH PENNSYLVANIA (07/13/84)

filed: July 13, 1984.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
LARRIS FRAZIER. COMMONWEALTH OF PENNSYLVANIA, APPELLANT, V. EUGENE BECKMAN, A/K/A EUGENE BECKHAM



NO. 715 PHILADELPHIA, 1982, Appeal from the Order of February 4, 1982, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. 80-09-706-708. NO. 716 PHILADELPHIA, 1982, Appeal from the Order of February 3, 1982, in the Court of Common Pleas of Philadelphia, Criminal Division, at No. 80-10-2305-06, 2308.

COUNSEL

Marianne E. Cox, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Daniel M. Preminger, Philadelphia, for Frazier, appellee.

Richard E. Johnson, Philadelphia, for Beckman, appellee.

McEwen, Beck and Montemuro, JJ.

Author: Beck

[ 331 Pa. Super. Page 131]

Appellees Larris Frazier and Eugene Beckman were convicted of third-degree murder and possession of an instrument of crime in the drug-related shooting of Frederick Armour. The Commonwealth brings the instant appeal from an order awarding a new trial to appellees on the ground that certain statements made by the Commonwealth's attorney in closing argument constituted impermissible prosecutorial misconduct. We find that the remarks in question did not deny appellees a fair trial and accordingly reverse.

During the Commonwealth's summation, the assistant district attorney made three allegedly objectionable series of statements:

[First] Mr. Preminger [defense counsel] says to you: Oh, Mr. Frazier, people see him. He goes up visiting to the Richard Allen Projects. Richard Allen Projects, when you can't even get the water to run and rats and roaches, he's over here dressed like he's out of Gentlemen's Quarterly, pinstripes -- what's he doing up the projects every day?

[ 331 Pa. Super. Page 132]

[Second] You've heard testimony from all the witnesses. Clara Sims, Kelvin Wellmaker, Jitter, Mrs. Spates. One thing they've all said that every time they've seen him, he's in the Richard Allen Projects.

THE COURT: Every time --

MR. WILLIAMS [prosecutor]: every time they see the defendant Frazier he's in the ...


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